St. Paul daily globe., 1887-10-15
~eisoners at the County Jail
Detected in the Act OF
Breaking Away.
A Man Mysteriously Missing,
Who Had Considerable
Money with Him.
This City to Be Made a Re-
cruiting Station---Fri-
: days Summary.
SHALL HARRIET BURNER GO?
Or Shall She Remain to Testify

Against Warden StOrdock.
Mrs. Hattie Burners habeas corpus
case came up on the writ before Judge
Willlin yesterday noon. The colored
constable, \. kuykendall, of Shawnee
county, Kansas, was there, armed with
requiStion from the governor of the
cold water state for Mrs. Burner, on the
charge OF attempting to procure one
Mary Coon. a young girl, for the pur-
pose of prostitution. The act is alleged
TO have been III Topeka, in December,
1856, and Mary Coon is said by Con-
stable kuykendall, and his attorney, E.
NJ. Van CIeve, Of Minneapolis, to have
been the daughter of widow named
Montague. Fayette Marsh, of Still
water, who is anxious to keep Mrs.
Burner in this state as witness against
StOrdOck, and in behalf of the late war
den, Reed, was promptly on hand
to secure the habeaS. George Walsh
was also counsel for Mrs. Burner.
Mr.. Marsh went over the writ, talking
to the court in quiet way. He said, Il
deny that the officers of the state
of Kansas are taking any real
part in these proceedings. and | ask the
attention of the court to the fact that
neither the state of Kansas or any other
municipal corporation of that state have
furnished any money TO send for this
woman. | further Say-and | ON pre-
pared to furnish my proof of the state
ment-that certain people in the state
of Minnesota, to wit: one Frank B.
Smith, a travelling man of this city, and
Mr.. Stordock, warden of Saltwater
prisonin this state. procured this process
to be issued for the purpose Of remov-
ing this woman from the state, so that
hnl. will "a l1 20,
the purpose of contradicting certain
testimony offered on the examination
of certain charges made by Stordock
against his predecessor in Office [
shall have witnesses for the purpose of
substantiating this statement. These
perSons-Smith and StordOck-are in
terested for the purpose | have indi-
Gated. can make to this court the
proof of these important facts. Whether
they will be available to accomplish this
purpose through the Intervention of the
governor | do not know"
FOR THE GOVERNOR
Judge Wilkin thought that might be
matter to be presented to the governor,
and Mr.. Marsh said that NAV be the
case; perhaps it is. [ certainly will pre-
sent the facts to the governor"
Mr.. Marsh then took up questions of
law. To his proposition that while the
language of the requisition warrant only
stated that the girl, Mary Coon, was
only taken by the prisoner without her
own consent. the statutes OF Kansas re-
quired that it should be alleged and
shown that the abduction should have
been effected without the consent of
her legal protector, the court replied
that the OffenSe of taking female for
the purpose Of prostitution against her
ApnSent was an OffenSe at common law.
Mr. Van Cleye claimed that all de-
Sets i'll the papers were covered by the
prisoner having originally pleaded
guilty to the charge.
Owing to some irregularities in re-
turning the writ, the hearing was ad-
journed until O'Clock 1t was about
"a o'clock, however. before both
sides Of the case came together again.
Assistant County Attorney Mum
was then on hand to prosecute the case.
After a while Prosecuting Attorney
Egan appeared. Mr.. Marsh made a
strong argument on the proposition that
the papers in the requiSitiOn were irreg-
ufar and did not state crime under the
laws of Kansas. He said the laws of
Kansas required that before an infor-
nation could be filed, preliminary
examination must be had or waived, and
nowhere i'll the records did it show that
preliminary examination was had or
was waived. Attorney Van Cleve said
he was prepared to put the constable,
Knykendall, upon the stand and prove
all the necessary facts with relation to
the requisition papers and their allega-
tiOns. He claimed that she had pleaded
guilty to the information. Mr.. Marsh
said there could be no information
without preliminary examination or
the waving of it, and he proposed to
show that if the information was in
nullity, the plea was also, and it would
then be worthless. When it came to
questions of fact he proposed to produce
some testimony himself. The court in
timated his aversion to receiving any
testimony on that point after the prison.
er had been convicted once in this state.
However, the case was postponed until
8 o'clock this afternoon.
MRS. BURNERS IDEAS.
Mrs. Burner thinks it is all put up
job to get her out of the state so as to
prevent her teStifying against Stordock,
and making some damaging statements
against the matrOn of the penitentiary.
She said she has been approached sew
eral times by persons, since her dis
charge from Saltwater, who had been
importuning her to draw out from tes-
tifying against Stordock." But, she
says, the reputation of an innocent man,
Reed, lies in what she has to testify tc.
Harriet Burner, says the girl Mary
Coon,' had a mother who was living
with a coiored man, and had told Miss
Burner that her mother had tried to get
her to go and live with one herself.
She met the girl on the street, she said,
when she told her this story, and
wanted some place where she could
lodge for the night. She told her
where to go, said the eX-convict, but at
night the girl came ana knocked at her
room, and was admitted Then the
constable arrested Mrs. Burner on the
charge of procuring, according to her
,4r